Learn how our expert attorneys can secure your rightful compensation
Unfortunately, time does not stop when you are grieving the loss of a loved one. You will have many arrangements to make, including funeral and burial services. Hospital bills may create undue stress, especially if your deceased relative had supported your family.
You know, more than anyone of the injustice of wrongful death.
Nothing can ever make it right, but at least wrongful death compensation can ease your financial burden.
Call us today at (313) 444-8348 to speak with our legal team.
Wrongful death is when someone dies as a result of someone else’s negligence — this includes individuals, businesses, or other entities. After a person’s passing, state law allows the decedent’s surviving family members to file a lawsuit against the at-fault party or parties to seek compensation for damages.
To prove wrongful death, you must have evidence that a person or entity was negligent, careless, or reckless in causing the death of another person. For example, if a defendant ran a stop sign while on his phone and caused a fatal car accident, this would be clear evidence of negligence. Or, if a patient died due to medical malpractice from a doctor, this would be the basis for a death claim.
In Michigan, wrongful death lawsuits can be filed for the accidental or intentional deaths of a loved one, but majority of the cases are filed based upon claims of negligence. Common examples of negligence with personal injury to a loved one include:
Losing a loved one is one of the most difficult experiences anyone can endure, especially when their death was caused by the negligence or wrongful actions of another party. In Michigan, the legal system provides a means for holding responsible parties accountable for such tragedies through wrongful death claims.
Wrongful death is a legal term used to describe a situation in which a person dies as a result of the negligent, reckless, or intentional actions of another party. These actions may include car accidents, medical malpractice, workplace accidents, defective products, or other incidents where someone's misconduct or negligence leads to a fatal outcome.
The significance of wrongful death cases lies in seeking justice and compensation for the surviving family members who have been left behind. In addition to the emotional devastation of losing a loved one, families often face financial hardships due to medical bills, funeral expenses, and the loss of the deceased's income and support. Wrongful death claims allow families to hold negligent parties accountable and recover damages to ease their financial burdens and provide a sense of closure.
In Michigan, wrongful death claims are governed by the Michigan Wrongful Death Act (MWDA). This statute establishes the legal framework for pursuing compensation when a person's death is caused by the wrongful act, neglect, or fault of another individual or entity. The MWDA outlines the procedures and requirements for bringing a wrongful death lawsuit, including the types of damages that may be recovered.
According to the MWDA, certain family members and legal representatives are eligible to file a wrongful death lawsuit on behalf of the deceased person's estate. Eligible parties typically include the deceased person's surviving spouse, children, parents, or other dependents. If the deceased person did not have any of these relatives, the personal representative of their estate may bring the lawsuit. It's important to note that only one wrongful death lawsuit may be filed for the same death, regardless of the number of eligible parties.
In Michigan, there is a limited time frame, known as the statute of limitations+, within which a wrongful death claim must be filed. The statute of limitations for wrongful death claims is generally three years from the date of the deceased person's death. Failing to file a wrongful death claim within this timeframe may result in the loss of the right to seek compensation. It's crucial to consult with an attorney promptly after the death of a loved one to ensure compliance with the statute of limitations+ and preserve your legal rights.
Medical malpractice occurs when healthcare professionals fail to provide the standard of care expected in their field, resulting in injury or death to patients. Examples include surgical errors, misdiagnosis or delayed diagnosis of medical conditions, medication errors, and birth injuries.
Car accidents are a leading cause of wrongful death, often resulting from factors such as reckless driving, speeding, distracted driving, drunk driving, or mechanical failures. Victims of fatal car accidents may include drivers, passengers, pedestrians, or cyclists.
Workplace accidents can occur in various industries and occupations, leading to fatal injuries for workers. Common examples include falls from heights, machinery accidents, electrocution, exposure to toxic substances, and transportation incidents.
Defective products, including consumer goods, pharmaceutical drugs, and medical devices, can cause fatal injuries to consumers. Product defects may include design flaws, manufacturing errors, or inadequate warnings or instructions for safe use.
Nursing home abuse and neglect can result in serious harm or death to elderly residents who rely on caregivers for their well-being. Forms of abuse and neglect may include physical abuse, emotional abuse, neglect of basic needs, medication errors, and inadequate medical care.
Economic damages are tangible, quantifiable losses incurred as a result of the wrongful death. These may include:
- Medical expenses: Costs associated with medical treatment, hospitalization, surgery, medication, and other healthcare services related to the deceased person's injury or illness before their death.
- Funeral and burial expenses: Costs for funeral services, burial or cremation, cemetery plots, and other related expenses incurred by the family.
- Lost income: Compensation for the deceased person's lost wages, benefits, and future earning capacity, including potential earnings they would have provided to their dependents if they had survived.
Non-economic damages are more subjective and aim to compensate for the intangible losses experienced by surviving family members. These may include:
- Pain and suffering: Compensation for the physical and emotional pain, suffering, and anguish endured by the deceased person before their death.
- Loss of companionship: Compensation for the loss of the deceased person's companionship, guidance, support, and consortium, which can have a significant impact on surviving spouses, children, parents, and other family members.
Punitive damages, also known as exemplary damages, are intended to punish the defendant for their egregious conduct and deter similar misconduct in the future. These damages may be awarded in cases where the defendant's actions were particularly reckless, intentional, or malicious. Punitive damages are not intended to compensate the family for their losses but rather to punish the wrongdoer and send a message that such behavior will not be tolerated.
We offer a free initial consultation to discuss your wrongful death case and evaluate your legal options. During this meeting, we will listen to your story, answer any questions you may have, and provide you with honest and compassionate guidance on how to proceed. We understand that this is a difficult time for you and your family, and we are here to provide support and assistance every step of the way.
Our legal team will conduct a thorough investigation into the circumstances surrounding your loved one's death to gather evidence and build a strong case on your behalf. This may include obtaining accident reports, medical records, witness statements, expert opinions, and other evidence relevant to your case. We leave no stone unturned in our efforts to uncover the truth and hold the responsible parties accountable for their actions.
Dealing with insurance companies can be daunting, especially when you're grieving the loss of a loved one. Our attorneys will handle all communications with insurance adjusters on your behalf, advocating for your rights and pursuing fair compensation for your losses. We will negotiate aggressively to reach a settlement that fully compensates you for your economic and non-economic damages, including medical expenses, funeral costs, lost income, pain and suffering, and loss of companionship.
While we strive to resolve wrongful death cases through negotiation and settlement, we are prepared to take your case to court if necessary. Our skilled litigators have extensive experience representing clients in litigation and court proceedings and will fight tirelessly to protect your rights and interests. We will prepare and file all necessary legal documents, present compelling arguments in court, and advocate zealously on your behalf to seek justice for your loved one.
Take the first step toward seeking justice for your loved one by scheduling a consultation with us. During this confidential meeting, we'll review the details of your case, answer any questions you may have, and provide you with personalized legal advice. Our compassionate legal team is here to support you every step of the way.
Don't delay in seeking the legal representation you deserve. Contact Koussan Law today to schedule your consultation and take the first step toward obtaining justice for your loved one. We're here to fight for your rights and provide you with the support you need during this difficult time.
+Please Read the Disclaimer Page regarding Statute of Limitations
